4761.03
Duties of board.

The Ohio respiratory
care board shall regulate the practice of respiratory care in this state and
the persons to whom the board issues licenses and limited permits under this
chapter and shall license and register home medical equipment services
providers under Chapter 4752. of the Revised Code. Rules adopted under this
chapter that deal with the provision of respiratory care in a hospital, other
than rules regulating the issuance of licenses or limited permits, shall be
consistent with the conditions for participation under medicare, Title XVIII of
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended,
and with the respiratory care accreditation standards of the joint commission
on accreditation of healthcare organizations or the American osteopathic
association.

The board shall:

(A)
Adopt, and may rescind or amend, rules in accordance with Chapter 119. of the
Revised Code to carry out the purposes of this chapter, including rules
prescribing:

(1)
The form and
manner for filing applications for licensure and renewal, limited permits, and
limited permit extensions under sections 4761.05 and 4761.06 of the Revised
Code;

(2)
The form,
scoring, and scheduling of examinations and reexaminations for licensure and
license renewal;

(3)
Standards
for the approval of educational programs required to qualify for licensure and
continuing education programs required for license renewal;

(4)
Continuing education courses and the number of hour requirements necessary for
license renewal, in accordance with section 4761.06 of the Revised
Code;

(5)
Procedures
for the issuance and renewal of licenses and limited permits, including the
duties that may be fulfilled by the board's executive director and other board
employees;

(6)
Procedures
for the denial, suspension, permanent revocation, refusal to renew, and
reinstatement of licenses and limited permits, the conduct of hearings, and the
imposition of fines for engaging in conduct that is grounds for such action and
hearings under section 4761.09 of the Revised Code;

(7)
Standards of ethical conduct for the practice of respiratory care;

(8)
Conditions under which the license renewal fee and continuing education
requirements may be waived at the request of a licensee who is not in active
practice;

(9)
The
respiratory care tasks that may be performed by an individual practicing as a
polysomnographic technologist pursuant to division (B)(3) of section 4761.10 of
the Revised Code;

(10)
Procedures
for registering out-of-state respiratory care providers authorized to practice
in this state under division (A)(4) of section 4761.11 of the Revised
Code;

(11)
Requirements for criminal records checks of applicants under section 4776.03 of
the Revised Code;

(12)
Procedures for accepting and storing copies of
hyperbaric technologist certifications filed with the board pursuant to
division (A)(11) of section 4761.11 of the Revised Code.

(B)
Determine
the sufficiency of an applicant's qualifications for admission to the licensing
examination or a reexamination, and for the issuance or renewal of a license or
limited permit;

(C)
Determine
the respiratory care educational programs that are acceptable for fulfilling
the requirements of division (A) of section 4761.04 of the Revised
Code;

(D)
Schedule,
administer, and score the licensing examination or any reexamination for
license renewal or reinstatement. The board shall administer the licensing
examinations at least twice a year and notify applicants of the time and place
of the examinations.

(E)
Investigate
complaints concerning alleged violations of section 4761.10 of the Revised Code
or grounds for the suspension, permanent revocation, or refusal to issue
licenses or limited permits under section 3123.47 or 4761.09 of the Revised
Code. The board shall employ investigators who shall, under the direction of
the executive director of the board, investigate complaints and make
inspections and other inquiries as, in the judgment of the board, are
appropriate to enforce sections 3123.41 to 3123.50, 4761.09, and 4761.10 of the
Revised Code. Pursuant to an investigation and inspection, the investigators
may review and audit records during normal business hours at the place of
business of a licensee or person who is the subject of a complaint filed with
the board or at any place where the records are kept.

Except when required by
court order, the board and its employees shall not disclose confidential
information obtained during an investigation or identifying information about
any person who files a complaint with the board.

The board may hear
testimony in matters relating to the duties imposed upon it and issue subpoenas
pursuant to an investigation. The president and secretary of the board may
administer oaths.

(F)
Conduct hearings, keep records of its proceedings, and do other things as are
necessary and proper to carry out and enforce the provisions of this
chapter;

(G)
Maintain,
publish, and make available upon request, for a fee not to exceed the actual
cost of printing and mailing:

(1)
The
requirements for the issuance of licenses and limited permits under this
chapter and rules adopted by the board;

(2)
A
current register of every person licensed to practice respiratory care in this
state, to include the addresses of the person's last known place of business
and residence, the effective date and identification number of the license, the
name and location of the institution that granted the person's degree or
certificate of completion of respiratory care educational requirements, and the
date the degree or certificate was issued;

(3)
A
list of the names and locations of the institutions that each year granted
degrees or certificates of completion in respiratory care;

(4)
After the administration of each examination, a list of persons who passed the
examination.

(H)
Submit to the governor and to the general assembly each year a report of all of
its official actions during the preceding year, together with any findings and
recommendations with regard to the improvement of the profession of respiratory
care;